Refusing commercially motivated requests as vexatious
Some authorities routinely rely on section 14 of the Freedom of Information Act (vexatious requests) to refuse requests for information about commercial services and equipment.
Here's what you should bear in mind when you receive this type of request:
- All requests must be considered individually. Commercially-motivated requests are not automatically vexatious, even if they’re sent as “round robins” (in a batch, to several organisations).
- If you believe a request is motivated by seeking a commercial opportunity, the burden of handling it does not automatically outweigh the serious purpose and value in that request, although it may be a relevant factor.
- There is a clear public interest in encouraging competition amongst private companies for public sector contracts. This ultimately should help you to obtain best value for money from tendering exercises.
- If you do decide to refuse the request, you could offer the requester the opportunity to explain any wider public interest in the information.
- You may be able to direct the requester towards publicly-available information.
- Proactively publishing information about contracts and tendering can reduce commercially-motivated requests.